Sanjay R Upadhyay v. Kokila Arun Sheth (Deceased)

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 04th November, 2025 CALLED FOR HEARING :

TP/2178/2024 WITH WILL/893/2024 Ms. Kinjal Mehta i/b. M/s. Rekha Mehta, Advocate for petitioner PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Sanjay R Upadhyay being sole Executor named under the Will of deceased. The deceased namely Kokila Arun Sheth died at Mumbai on 26.02.2022. Copy of death certificate is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.01.2022. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that deceased was married with Dr. Arun Ramlal Sheth and was divorced by decree dated 27.06.2021 passed by the Family Court, Bandra, Mumbai. Parents of deceased predeceased the deceased. Deceased died issue-less. As mentioned in para No. 6 of the petition, one sister and two brothers of deceased who both have died. Deceased was survived by four nephews who all have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs. Properties mentioned in the schedule which is mentioned in the Will.

... 2

Ajay - 2 -

4. Petitioner's oath is filed. Affidavit of Sejal Sanjay Upadhyay dated 30.04.2022 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 11.08.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 04.11.2025